United States v. Ulbricht, No. 15-1815, May 31, 2017
Reporting cited here
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On May 31, 2017, the Second Circuit upheld consideration at sentencing of six drug-related deaths connected to Silk Road by a preponderance of the evidence. It distinguished this from homicide prosecution or a finding that Ulbricht personally caused the deaths. It concluded the evidence played a minimal role, if any, and the same sentence would have been imposed without it.
Printed pages 113–124: drug-related deaths, evidentiary standard, homicide distinction and sentencing effectSilk Road — Court considers drug-related deaths · Court considers drug-related deaths
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The Silk Road appellate record describes varied death circumstances, including a balcony fall and pneumonia with drug use implicated. The six cases should be described as drug-related deaths considered at sentencing, rather than six fentanyl overdoses or six homicide convictions.
Printed pages 29–34 and 113–124; circumstances and limits of sentencing findingsSilk Road — Court record distinguishes causes of death · Court record distinguishes causes of death